[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3950 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3950
To amend the Higher Education Act of 1965 to establish a grant program
for the improvement of remedial education programs at institutions of
higher education, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 24, 2019
Mr. Norcross (for himself, Mr. Moulton, Mr. Kim, Mr. Cox of California,
and Ms. Craig) introduced the following bill; which was referred to the
Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to establish a grant program
for the improvement of remedial education programs at institutions of
higher education, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Remedial Education Improvement
Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to--
(1) improve remedial education and support students as they
move throughout credit and non-credit bearing course work and
complete postsecondary education;
(2) provide funding to improve remedial education based on
five models found to have success on a small scale;
(3) through collection of data, reports, and evaluations,
compare within and between models of remedial education and the
impact of such models on postsecondary education completion;
and
(4) develop strategies to replicate successful models and
improve the sustainability of remedial education programs.
SEC. 3. REMEDIAL EDUCATION GRANTS.
Part G of title IV of the Higher Education Act of 1965 (20 U.S.C.
1088 et seq.) is amended by inserting after section 486A the following:
``SEC. 486B. REMEDIAL EDUCATION GRANTS.
``(a) Grants Authorized.--
``(1) In general.--From the funds appropriated under
subsection (k) (and not reserved under subsection (c)(4)), the
Secretary, in consultation with the Director of the Institute
of Education Sciences, shall award grants, on a competitive
basis, to eligible entities to improve remedial education in
higher education.
``(2) Duration.--A grant under this section shall be
awarded for a period of 5 years.
``(3) Minimum awards.--The total amount of funds provided
under each grant awarded under this section shall not be less
than $500,000.
``(b) Application.--An eligible entity that desires to receive a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as
the Secretary may require, which shall include the following:
``(1) A description of how the eligible entity will use the
grant funds to develop or improve a remedial education program
that includes evidence-based, effective strategies for
providing instruction to ensure that students are prepared for
courses at the postsecondary level.
``(2) An assurance that the eligible entity will use more
than two measures (such as a student's college entrance
examination score, grade point average, high school course
list, or a placement examination) to identify students in need
of remedial education who may be eligible to participate in the
remedial education program developed or improved under the
grant.
``(3) A description of how the eligible entity, in
developing or improving such a program, will consult with
stakeholders, including individuals with expertise in remedial
education, students enrolled in remedial education, and faculty
instructors for remedial education.
``(4) The eligible entity's plan for sustaining the program
after the grant period has ended.
``(5) The eligible entity's plan for monitoring and
evaluating the program, including how the eligible entity will
use the data collected under subsection (h) to continually
update and improve the program.
``(c) Consultation and Independent Evaluation.--
``(1) In general.--Before selecting eligible entities to
receive grants under this section for a fiscal year, the
Secretary shall--
``(A) ensure that the consultation required under
paragraph (3) is carried out; and
``(B) consider the results of the consultation in
selecting eligible entities to receive such grants.
``(2) Contract authority.--The Secretary, acting through
the Director, shall seek to enter into a contract with an
independent evaluator under which the evaluator will provide
the consultation and evaluation required under paragraph (3).
``(3) Consultation and independent evaluation required.--
The independent evaluator shall carry out the following
activities:
``(A) Consultation.--For each fiscal year of the
grant program under this section, the independent
evaluator shall consult with, and provide advice to,
the Secretary regarding which eligible entities should
receive grants under this section for such fiscal year.
``(B) Evaluation.--Throughout the duration of the
grant program under this section, the independent
evaluator shall independently evaluate the impact of
the remedial education programs funded with the grants,
which shall include evaluation of--
``(i) the effectiveness of the remedial
education programs in increasing course and
degree completion at the postsecondary level;
and
``(ii) the outcomes of the remedial
education programs within and among models of
remedial education described in subsection (d).
``(4) Reservation.--The Secretary may reserve not more than
15 percent of the funds appropriated under subsection (k) for a
fiscal year to carry out this subsection for such fiscal year.
``(d) Use of Funds.--An eligible entity that receives a grant under
this section shall use the grant to develop or improve a remedial
education program through one or more of the following models:
``(1) Aligning course work.--Working with a local
educational agency or State educational agency that is part of
the eligible entity to develop or improve programs that provide
alignment between high school coursework and postsecondary
education, and that may include--
``(A) assessments in high school to measure student
readiness for courses at the postsecondary level; or
``(B) interventions in high school that improve
student competencies for courses at the postsecondary
level.
``(2) Accelerated course work.--Redesigning or improving
remedial education that--
``(A) allows students to enroll in more than one
sequential remedial education course or training in a
semester, or the equivalent;
``(B) condenses the time of the remedial education;
or
``(C) provides shortened, intensive courses or
training to improve competencies of students for
courses at the postsecondary level.
``(3) Modular instructional methods.--Developing or
improving remedial education that--
``(A) specifically targets the skills that students
need to move forward in courses at the postsecondary
level; and
``(B) may be used to develop new assessments,
redesign courses to provide targeted skill instruction,
or provide faculty professional development.
``(4) Co-requisite model.--Developing or improving remedial
education programs that allow a student to enroll in remedial
education (which may be provided through a modular
instructional method) while also enrolled in a course at the
postsecondary level.
``(5) Systemic reform to implement comprehensive,
integrated support programs.--Implementing and improving
comprehensive, integrated, evidence-based support programs
that--
``(A) enable students enrolled in remedial
education to complete a course of study leading to a
recognized educational credential within 150 percent of
the normal time for completion; and
``(B) may include financial supports, academic
tutoring or support, and advising that enable students
to find success in remedial education and courses at
the postsecondary level.
``(e) Considerations.--In awarding grants under this section, the
Secretary, in consultation with the Director, shall--
``(1) ensure--
``(A) a minimum of 30 eligible entities are awarded
grants for each 5-year grant period;
``(B) an equitable geographic distribution of such
grants, including an equitable distribution between
urban and rural areas; and
``(C) that grants are used to develop or improve
remedial education programs--
``(i) under each model described in
subsection (d) to enable, to the extent
practicable, statistical comparisons of the
relative effectiveness of the models and the
programs within each model; and
``(ii) for a range of types and sizes of
institutions of higher education; and
``(2) give preference to eligible entities that primarily
serve low-income students.
``(f) Fiscal Requirements.--
``(1) Supplement not supplant.--A grant awarded under this
section shall be used to supplement, not supplant, funds that
would otherwise be used to carry out the activities described
in this section.
``(2) Matching funds.--
``(A) In general.--Subject to subparagraph (B), an
eligible entity that receives a grant under this
section shall provide, from non-Federal sources, an
amount equal to 10 percent of the amount of the grant
for the cost of activities assisted under the grant.
``(B) Exceptions.--The requirements of subparagraph
(A) shall not apply to--
``(i) Tribal Colleges or Universities; or
``(ii) institutions of higher education
located in the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin
Islands, the Commonwealth of the Northern
Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, or
the Republic of Palau.
``(g) Experimental Authority.--Notwithstanding any other provision
of this title, a student may be eligible to receive loans or grants
under this title for up to 2 academic years for enrollment in a
remedial education program under this section.
``(h) Data Collection, Reports, Evaluations, and Dissemination.--
``(1) Information.--
``(A) Student-level data.--Each eligible entity
that receives a grant under this section shall provide
to the Director and the Secretary, on an annual basis
for each year of the grant period and for 5 years after
such grant period, the student-level data with respect
to the students who are or were enrolled in a remedial
education program funded with the grant. The Director
and the Secretary shall share such data with the
independent evaluator to enable the evaluator, for each
such year, to determine the information described in
subparagraph (B) with respect to each such remedial
education program.
``(B) Aggregate student data.--The independent
evaluator shall determine, with respect to each
remedial education program for which an eligible entity
provides student-level data under subparagraph (A), the
following information:
``(i) The number of students who are or
were enrolled in such remedial education
program.
``(ii) The cost of such remedial education
program.
``(iii) The amount of grant or loan funds
under this title awarded to students for
enrollment in such remedial education program.
``(iv) The type of remedial education
offered under the program.
``(v) The length of time students spend in
such remedial education program, as measured by
semester, trimester, or clock hours.
``(vi) The number of students who complete
such remedial education program.
``(vii) Of the students who complete such
remedial education program--
``(I) the number and percentage of
such students who later enroll in
postsecondary-level courses at an
institution of higher education;
``(II) the number and percentage of
such students who receive a recognized
educational credential from an
institution of higher education;
``(III) the average length of time
required for a student described in
subclause (II) to complete the course
of study leading to such credential;
and
``(IV) the number and percentage of
students described in subclause (II)
who complete the course of study
leading to such credential within 150
percent of the normal time for
completion.
``(C) Disaggregation.--The information determined
under subparagraph (B) shall be disaggregated by race,
gender, socioeconomic status, Federal Pell Grant
eligibility status, status as a first generation
college student, veteran or active duty status, and
disability status.
``(2) Evaluation results.--Not later than six years after
the first grant is awarded under this section, the Director, in
consultation with the Secretary and using the information
determined under paragraph (1), shall submit to the authorizing
committees and make available on a publicly accessible website,
a report on the results of the multiyear, rigorous, and
independent evaluation of the impact of the remedial education
programs carried out by the independent evaluator. The report
shall include the results of such evaluation with respect to--
``(A) the effectiveness of the remedial education
programs in increasing course and degree completion at
the postsecondary level; and
``(B) the outcomes of the remedial education
programs within and among models of remedial education
described in subsection (d).
``(3) Reports and dissemination.--
``(A) Initial report.--Not later than one year
after the first grant is awarded under this section,
the Secretary, in consultation with the independent
evaluator, shall prepare and submit to the authorizing
committees a report on each remedial education program
funded under this section.
``(B) Subsequent report.--Not later than five years
after the last grant is awarded under this section, the
Secretary, in consultation with the independent
evaluator, shall prepare and submit to the authorizing
committees a report that includes--
``(i) a review of the activities and
program performance of each remedial education
program funded under this section; and
``(ii) guidance and recommendations on how
successful remedial education programs (as
determined, at a minimum, by the number and
percentage of remedial education students who
later complete a course of study at an
institution of higher education within 150
percent of the normal time for completion) can
be replicated.
``(C) Public availability.--The reports submitted
under subparagraphs (A) and (B) shall be made available
on a publicly accessible website of the Department of
Education.
``(i) Data Privacy.--
``(1) In general.--It shall be unlawful for any person who
obtains or has access to personally identifiable information in
connection with this section to willfully disclose to any
person (except as authorized in this Act or any Federal law)
such personally identifiable information.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $5,000, imprisoned for not more than 5
years, or both, together with the costs of prosecution.
``(3) Employee or officer of the united states.--If a
violation of paragraph (1) is committed by any officer or
employee of the United States, the officer or employee shall be
dismissed from office or discharged from employment upon
conviction for the violation.
``(4) Sale of data prohibited.--Data collected under this
section shall not be sold to any third party by the Director,
any postsecondary institution, or any other entity.
``(5) Limitation on use by other federal agencies.--The
Director shall not allow any other Federal agency to use data
collected under this section for any purpose except as
explicitly authorized by this Act.
``(6) Law enforcement.--Personally identifiable information
collected under this section shall not be used for any law
enforcement activity or any other activity that would result in
adverse action against any student, including debt collection
activity or enforcement of the immigration laws.
``(j) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Institute of Education Sciences.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) an institution of higher education; or
``(B) a partnership between an institution of
higher education and at least 1 of the following:
``(i) A local educational agency.
``(ii) A State educational agency.
``(3) First generation college student.--The term `first
generation college student' has the meaning given that term in
section 402A(h).
``(4) Independent evaluator.--The term `independent
evaluator' means the independent evaluator with which the
Secretary enters into a contract under subsection (c)(2).
``(5) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101.
``(6) Remedial education.--The term `remedial education'--
``(A) means education (such as courses or training)
offered at an institution of higher education that--
``(i) is below the postsecondary level; and
``(ii) is determined by the institution to
be necessary to help students be prepared for
the pursuit of a first undergraduate
baccalaureate degree, associate's degree, or
certificate or, in the case of courses in
English language instruction, to be necessary
to enable the student to utilize already
existing knowledge, training, or skills; and
``(B) includes developmental education that meets
the requirements of subparagraph (A).
``(7) Tribal college or university.--The term `Tribal
College or University' has the meaning given that term in
section 316(b).
``(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $162,500,000 for fiscal year
2020 and each of the 5 succeeding fiscal years.''.
SEC. 4. EXCEPTION TO STUDENT UNIT RECORD BAN.
Section 134(b) of the Higher Education Act of 1965 (20 U.S.C.
1015c(b)) is amended--
(1) by striking ``(1) is necessary'' and inserting ``(1)(A)
is necessary'';
(2) by striking ``(2) was in'' and inserting ``(B) was
in'';
(3) by striking the period at the end and inserting ``;
or''; and
(4) by adding at the end the following:
``(2) is necessary for the operation of section 486B.''.
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